K. RATHINAM Vs. APOLLO ENTERPRISES

JUDGEMENT

(1.) APPEAL is filed as against the order of the Deputy Commissioner of Labour in W.C. No. 85 of 1987.

(2.) CLAIMANTS /appellants filed petition under Section 10(1) of the Workmen's Compensation Act claiming compensation for the death of one Kuppusamy, husband of the first claimant and father of claimants 2 to 4. The claimants contend that while the deceased Kuppusamy was employed in the first respondent's enterprises, during the course of employment, on 4.1.1986, the deceased was involved in an accident as a result of which he died on 8.1.1986 and so, respondents 1 and 2 are liable to pay compensation.

(3.) SECOND respondent did not file any counter. The Deputy Commissioner of Labour, after due enquiry, found that the deceased himself out of his own will voluntarily involved in the accident which occurred in the seepage well and it was not in the course of employment and the deceased was not at all concerned with the seepage well and as he himself involved in the accident out of his own volition, the first respondent cannot be held liable, but, anyhow, the Insurance Company, under the group insurance scheme, has paid a sum of Rs. 27,000/ - to the claimants and the first respondent also agreed to pay a sum of Rs. 10,000/ - on humanitarian grounds and he directed the first respondent to deposit a sum of Rs. 10,000/ - within two weeks.